Category Archives: Treatise

Treatise Update – Corporate Legal Departments: Practicing Law in a Corporation

Corporate Legal Departments: Practicing Law in a Corporation provides invaluable guidance on a wide range of responsibilities and dilemmas in-house attorneys face. It advises on matters such as detecting and preventing internal legal problems, developing corporate business plans, pursuing new business opportunities, using cost-effective litigation strategies, and managing corporate crises. The treatise features a unique In-House Counsel’s Handbook covering some of the key areas of corporate law and compliance.

Highlights from this expanded and updated release include:

Technology management: A new section discusses the role technology plays in promoting remote communications, data privacy, and cyber security, especially in the COVID-19 era, and whether current technology fully supports legal entity management (see section 6:4).
Organization: A new section illustrates four types of reporting lines that are critical for promoting communication and transparency between the general counsel and the chief executive officer as well as the board of directors (see section 2:8).
Privileged communications: A memo from the Department of Justice in a recent case involving Google explains the need to properly educate in-house counsel and nonlawyer employees on the practice of copying counsel on requests for legal advice where no advice is requested in order to shield business advice in the cloak of legal advice offered by counsel (see revisions in sections 12:1 and 14:15.11).
In-House Counsel’s Handbook: This release includes extensive updates to Appendix A, which is designed to help in-house lawyers understand pertinent points in key areas of their practice.

The Index has also been updated for this release.

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Treatise Update – Fragomen on Immigration Fundamentals: A Guide to Law and Practice (Fifth Edition)

Fragomen on Immigration Fundamentals provides in-depth coverage of the rules, policies, and procedures related to key facets of immigration law in the United States. Throughout, the authors supplement analysis of recent cases, policies, and rules with practical guidance for both general practitioners and experienced immigration attorneys.

Some of the important recent developments discussed in this release include:

PERM Recruitment: §2:2.4[D][6] discusses how an August 2021 DOJ settlement agreement in a U.S. worker discrimination lawsuit against Facebook impacts government enforcement of the PERM program.
COVID-19: §2:10.3[A][3] and §3:4.1[C] reveal a new COVID-19 related requirement that green card applicants must satisfy in order to be deemed eligible for permanent residence. The new requirement is included in the routine medical examinations for both adjustment of status applicants in the United States and immigrant visa applicants applying at U.S. embassies and consulates abroad.
Work authorization for spouses: §5:6.3[B] and 10:3.4[N] cover a November 2021 announcement by the USCIS regarding the work authorization process for certain E, L-2, and H-4 spouses in response to a lawsuit that challenged the lengthy processing delays of EAD applications for dependents.
T nonimmigrants: In October 2021, USCIS issued comprehensive guidance in its Policy Manual regarding the adjudication of T nonimmigrant status applications for victims of severe forms of trafficking in persons (see §5:28.1[A]).
H-2B changing employers: §10:3.4[M] explains how a provision of a January 2022 DHS rule providing a cap increase for FY 2022 gives greater job flexibility to H-2B workers already in the United States.

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Treatise Update – Kane on Trademark Law: A Practitioner’s Guide (Seventh Edition)

Kane on Trademark Law is a comprehensive resource on trademark law and tactics which provides court-tested practical suggestions on how to quickly spot potential conflicts and save time on searches, overcome common descriptiveness rejections, update or amend registrations, and prepare witnesses for depositions. It includes illustrative lists of cases, full-color illustrations of previously litigated marks, sample forms, and step-by-step checklists. The treatise is updated regularly to provide in-depth analysis of the most recent developments in the field.

The new release provides expert analysis and practical insights regarding a wide range of trademark issues. Topics of interest include:

Registration; grounds for rejection: Revisions include updates to the opposition proceeding involving the RAPUNZEL mark currently pending before the Trademark Trial & Appeal Board (see § 6:5.2).
Fraud: Revisions include discussion of Chutter, Inc. v. Great Management Group, LLC and Chutter, Inc. v. Great Concepts, LLC on the standard for fraud post-Bose (see § 7:2.5).
Limits to incontestability: Revisions include updated Eleventh Circuit case law on the relevance of incontestability to the infringement analysis (see § 7:3.4[C]).
Internet: Revisions include a new discussion of the Metaverse and cases involving non-fungible tokens (NFTs) (see § 11:1.3).
Rights of publicity and privacy: Section 14:2.1 takes note of NCAA name, image, and likeness rule changes per a recent Supreme Court case and NCAA policy changes.
TTAB proceedings: New Federal Circuit cases have been added to the discussion on standing in section 19:2.2[A].

The Table of Authorities and the Index have also been updated.

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New Title! Sports Law: A Practical Guide to Protecting the Interests of Athletes

PLI Press is proud to announce the publication of the new treatise Sports Law: A Practical Guide to Protecting the Interests of Athletes.

The book provides lawyers, player agents, marketing agents, financial advisors, and other members of athletes’ management and advisory teams with the tools and understanding they need to protect their clients’ interests before, during, and after the athletes’ professional playing careers. It offers a first-hand, behind-the-scenes glimpse into the unique complexities athletes face in their careers and daily lives. Packed with practice tips, sample documents and agreements, and unique insights, Sports Law is an essential resource for anyone who counsels or represents athletes, as well as for athletes themselves.

Notably, the book offers guidance on:

Athlete representative and advisor selection, management, and agreements (see Chapters 3, 4, 5, 6, and 7)
Financial and estate planning for athletes (see Chapter 8)
Name, image, and likeness (NIL) and other intellectual property considerations (see Chapters 10 and 11)
Athlete-nonprofit partnerships, business deals, and public appearances (see Chapters 9 and 12)
Athlete privacy (see Chapter 14)
E-sports (see Chapter 15)

The treatise also contains sample marketing and endorsement agreements and discusses topics such as race and sports, athlete decision-making, and athlete identity foreclosure (see the Table of Contents).

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New Edition! Legal Guide to the Business of Marijuana: Cannabis, Hemp and CBD Regulation (2022 Edition)

PLI Press is proud to announce the publication of the new edition of Legal Guide to the Business of Marijuana.

Updated annually, the book is a unique resource offering critical guidance on a wide range of interrelated topics for lawyers who represent clients in the fast-growing legal cannabis industry. It sorts through the complex and varying state regulation of medical and non-medical marijuana with an appendix providing the latest key state legislation (see Chapter 3 and Appendix C).

It also looks into the various aspects of establishing and managing a marijuana enterprise, including the growing, licensing, labeling, transporting, and distribution of marijuana and related products (see Chapters 7, 10, 11, 13, and 15). In addition, the guide addresses federal law, enforcement, and preemption and their implications for employment, taxes, and banking (see Chapters 8 and 9).

For lawyers new to representing cannabis clients, the authors provide an understanding of the definitions of marijuana and other cannabis products, as well as a review of the policy and political issues that have led to the controversy and uncertainty of the current environment (see the Table of Contents).

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Treatise Update – Advertising and Commercial Speech: A First Amendment Guide (Second Edition)

Written by First Amendment experts, Advertising and Commercial Speech: A First Amendment Guide focuses on how the Supreme Court’s commercial speech doctrine affects advertising in nearly fifty industries and professions including for the services of accountants, doctors and dentists, lawyers, pharmacists, educators, and more.

Among the many topics discussed in this new release are the following:

Lanham Act and misappropriation claims: New material in section 9:2 discusses two major post-Ariix decisions from federal courts in San Francisco involving failed lawsuits seeking to leverage the Lanham Act as a basis for challenging Facebook’s efforts to police its website against the spread of online misinformation.
Compelled commercial speech—housing: A revised section 12:11 examines a case from the Eastern District of New York involving a challenge by “five small landlords” to an emergency state eviction moratorium law enacted in the middle of the COVID-19 pandemic.
Taxation of media: An update to section 13:4.1 covers a case from the Ohio Supreme Court regarding whether a billboard tax violated the First Amendment’s protections for freedom of speech and freedom of the press.
Regulation of advertising content: Cases added to chapter 14 include:

Florida proceedings challenging the state’s law that prohibited cruise lines from requiring passengers to provide COVID-19 vaccination or post-infection recovery documentation prior to boarding (see section 14:2); and
Fair housing cases dealing with a Seattle ordinance that precluded landlords from taking adverse action against tenants and prospective tenants based on criminal history and a case in New York involving a law that prohibited landlords from “threatening” residential or commercial tenants based on the tenant’s COVID-19 status (see section 14:17).

In addition, this release includes an updated Table of Cases, Defendant-Plaintiff Table, and Index.

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New Edition! Net Leases and Sale-Leasebacks: A Guide to Legal, Tax and Accounting Strategies (2022 Edition)

PLI Press is proud to announce the publication of the new edition of Net Leases and Sale-Leasebacks: A Guide to Legal, Tax and Accounting Strategies.

The treatise covers all aspects of the ownership, financing, documentation, taxation, and accounting for net leases with a focus on those areas where the treatment of net leases differs from the treatment of other forms of real estate investment. It includes in-depth guidance on sophisticated and complex structuring issues, particularly with respect to the latest tax and financial accounting rules, and provides readers with several appendices to assist with the nuts and bolts of net leasing practice, including a sample Net Lease and a sample Ground Lease.

Highlights of the 2022 Edition include:

Tenant Purchase Options. Chapter 2 (The Lease) has been updated with an expanded discussion of the risks to the landlord arising from a tenant purchase option.
Tax Considerations. Chapter 5 (Tax Considerations) has been updated with new material on section 1031(f) and related party exchanges, allocating interest payments between deductible and non-deductible uses, transfer tax liability, series LLCs, promoted interests, and more.
Sample Net Lease: Appendix E (Sample Net Lease) has been updated with new Force Majeure and Right to Go Dark provisions.

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Treatise Update – Bankruptcy Deskbook (Fifth Edition)

Bankruptcy Deskbookguides you step-by-step through the bankruptcy laws and all chapters of the Bankruptcy Code. It clarifies the purpose, features, mechanics, advantages, and drawbacks of Chapters 7, 11, 12, and 13 in the era of BAPCPA. It also keeps you up-to-date on legal developments, analyzing recent Supreme Court, court of appeals, and bankruptcy court decisions. With its practical guidance, the book enables you to help clients achieve fair remedies and ensure the prevention of legal problems along the way.

Some of the important new developments discussed in this release include:

A court ruling regarding whether proper completion of Official Form 105 satisfies the minimum pleading requirement for an involuntary petition in the face of a debtor’s motion to dismiss for failure to state a claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure (see Section 3:5).
A circuit split as to whether the Supreme Court ruling in BFP applies to tax foreclosures conducted in accordance with state law (see Section 6:4.3).
A Sixth Circuit decision in which the court considered the adoption of a six-month look-back rule that would permit a debtor to continue making post-petition voluntary contributions to a retirement account at the same level that was contributed during the six months prior to the petition (see Section 13:3).
Recent case law on various elements of a subchapter V case, on which courts are not in full agreement (see Section 11:12.2).

Additionally, the deskbook’s chapters are supplemented with discussion of recent rulings on jurisdiction, avoidance of powers, automatic stays, distribution of estate property, claims and interests, discharge and dischargeability of debt, employment of professionals, Chapter 7, Chapter 11, Chapter 13, and other topics.

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Treatise Update – Langer on Practical International Tax Planning (Fifth Edition)

Regularly updated, Langer on Practical International Tax Planning gives you the latest news on the legal, tax, business, financial, social, political, technological, geographical, and regional factors to consider when developing and implementing customized planning strategies for clients. It is an invaluable tool for tax and estate planners, tax attorneys, accountants, and sophisticated investors.

This new release updates the treatise with up-to-date practical information and analysis to help preserve your clients’ assets.

Highlights include:

Revised section 2:4.2 explores the Tenth Circuit holding about whether the government had the right under section 7345 to revoke the passport of a “seriously delinquent taxpayer.”
New section 6:8 recognizes that there are a number of different types of Son-of-Boss transactions, but identifies what they all have in common.
Revised sections 8:5.6, 50A:3, 52B:2, and 78:4 explain that the USMCA modernizes NAFTA, is entered into by the same parties, and governs the standards for trade and investment among the parties going forward.
Expanded section 26:4.1 examines the revenue procedure providing the domestic asset/liability percentages and domestic investment yields needed by foreign life insurance companies and foreign property and liability insurance companies to compute their “minimum effectively connected net investment income” under section 842(b).
Miscellaneous revisions are found throughout the other chapters published in this Release #6.

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New Edition! Healthcare Employment Practice: Policy, Law and Procedure (2022 Edition)

PLI Press is proud to announce the publication of the new edition of Healthcare Employment Practice: Policy, Law and Procedure.

The hospital and healthcare environment has become more fractured and fractious in recent years. Job satisfaction among healthcare professionals is down due to occupational stress, physical and emotional exhaustion, burnout, lack of respect, and crushing administrative and oversight duties on top of clinical duties, loss of autonomy, and the devastating effects of the COVID-19 pandemic.

Meanwhile, complex employment contracts and noncompete covenants bind doctors and other healthcare personnel and have locked up the futures of many professionals. This guidebook responds to these complex issues with detailed contract guidance and practice tips to save you time, reduce errors, and improve employee satisfaction. The text explores how the system operates, and suggests how lawyers, human resource professionals, and hospital management teams can improve their outcomes through astute planning and careful drafting of agreements.

Healthcare Employment Practice includes:

Step-by-step, term-by-term guidance on physician on physician employment contracts, with an emphasis on the problems presented by restrictive covenants, and a full sample Physician Employment Agreement (see Chapters 9 and 10 and Appendix B – fully updated for 2022)
A fifty-state survey of noncompete statutes and selected case law (see Appendix A – fully updated for 2022);
Labor and employment law as it affects healthcare industry employees (see Chapters 13-21);
Issues presented by telemedicine (see Chapter 27);
Stark and anti-kickback law compliance (see Chapter 26);
Employment discrimination in healthcare: physician whistleblower, discrimination, harassment, and retaliation claims (see Chapter 22).

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